[House Report 111-600]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 111-600
======================================================================
SAN JUAN MOUNTAINS WILDERNESS ACT OF 2010
_______
September 16, 2010.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Rahall, from the Committee on Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 3914]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 3914) to designate certain lands in San Miguel,
Ouray, and San Juan Counties, Colorado, as wilderness, and for
other purposes, having considered the same, report favorably
thereon with an amendment and recommend that the bill as
amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``San Juan Mountains Wilderness Act of
2010''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Covered land.--The term ``covered land'' means--
(A) lands designated as wilderness under section 3 or
section 4; and
(B) lands designated as a special management area
under section 4.
(2) Nonconforming use.--The term ``nonconforming use'' means
any commercial helicopter-assisted skiing or snowboarding
activities within the lands designated as a special management
area under section 4 that have been authorized by the Secretary
as of the date of enactment of this Act.
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior or the Secretary of Agriculture, as appropriate.
(4) State.--The term ``State'' means the State of Colorado.
SEC. 3. ADDITIONS TO THE WILDERNESS PRESERVATION SYSTEM.
(a) Designation.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the following areas in the State are designated as
wilderness areas and as components of the National Wilderness
Preservation System:
(1) Certain lands in the Grand Mesa, Uncompahgre, and
Gunnison National Forests comprising approximately 3,170 acres,
as generally depicted on a map titled ``Proposed Wilson,
Sunshine, Black Face and San Bernardo Additions to the Lizard
Head Wilderness'', dated January 26, 2010, and which are hereby
incorporated into the Lizard Head Wilderness area.
(2) Certain lands in the Grand Mesa, Uncompahgre, and
Gunnison National Forests comprising approximately 8,375 acres,
as generally depicted on a map titled ``Proposed Liberty Bell
and Last Dollar Additions to the Mt. Sneffels Wilderness'',
dated January 26, 2010, and which are hereby incorporated into
the Mt. Sneffels Wilderness area.
(3) Certain lands in the Grand Mesa, Uncompahgre, and
Gunnison National Forests comprising approximately 13,224
acres, as generally depicted on a map titled ``Whitehouse
Additions to the Mt. Sneffels Wilderness'', dated January 26,
2010, and which are hereby incorporated into the Mt. Sneffels
Wilderness area.
(4)(A) Certain lands in the San Juan Resource Area of the
Bureau of Land Management comprising approximately 8,614 acres,
as generally depicted on a map titled ``McKenna Peak
Wilderness'', dated April 15, 2010, and which shall be known as
the McKenna Peak Wilderness.
(B) The lands designated under subparagraph (A) shall be
administered as a component of the National Landscape
Conservation System.
(b) Map and Description.--
(1) In general.--As soon as practicable after the date of the
enactment of this Act, the Secretary shall file a map and a
legal description of each wilderness area designated by this
Act with--
(A) the Committee on Natural Resources of the House
of Representatives; and
(B) the Committee on Energy and Natural Resources of
the Senate.
(2) Force of law.--A map and legal description filed under
paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct
clerical and typographical errors in the map and legal
description.
(3) Public availability.--Each map and legal description
filed under paragraph (1) shall be filed and made available for
public inspection in the Office of the Director of the Bureau
of Land Management and in the Office of the Chief of the Forest
Service, as appropriate.
SEC. 4. SHEEP MOUNTAIN SPECIAL MANAGEMENT AREA.
(a) Designation.--Certain lands in the Grand Mesa, Uncompahgre, and
Gunnison and San Juan National Forests comprising approximately 21,697
acres as generally depicted on a map titled ``Proposed Sheep Mountain
Special Management Area'' and dated January 26, 2010, are hereby
designated as the Sheep Mountain Special Management Area.
(b) Maps and Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file maps and legal
descriptions of the Federal land described in subsection (a)
with--
(A) the Committee on Natural Resources of the House
of Representatives; and
(B) the Committee on Energy and Natural Resources of
the Senate.
(2) Force of law.--The maps and legal descriptions filed
under paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct
typographical errors in the maps and legal descriptions.
(3) Public availability.--Each map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the United
States Forest Service.
(c) Management.--
(1) In general.--Until Congress determines otherwise,
activities within the area designated in subsection (a) shall
be managed by the Secretary of Agriculture so as to maintain
the area's presently existing wilderness character and
potential for inclusion in the National Wilderness Preservation
System.
(2) Prohibitions.--The following shall be prohibited on the
Federal land described in subsection (a):
(A) Permanent roads.
(B) Except as necessary to meet the minimum
requirements for the administration of the Federal land
and to protect public health and safety--
(i) the use of motor vehicles, motorized
equipment, or mechanical transport, except as
described in paragraph (3) or section 5; and
(ii) the establishment of temporary roads.
(3) Allowable activities.--The Secretary may allow
activities, including helisking, that have been authorized as
of the date of the enactment of this Act to continue within the
area designated in subsection (a). The designation under
subsection (a) shall not impact future permit processes
relating to such activities.
(4) Applicable law.--Any uses of the Federal land described
in subsection (a), including activities described in paragraph
(3), shall be in accordance with applicable law.
(d) Designation as Wilderness.--Lands described in subsection (a)
shall be designated as wilderness on the date on which the Secretary
publishes in the Federal Register notice that the nonconforming use has
terminated.
(e) Administration as Wilderness.--Upon its designation as wilderness
under subsection (e), the Sheep Mountain Special Management Area shall
be--
(1) known as the Sheep Mountain Wilderness; and
(2) administered in accordance with the Wilderness Act (16
U.S.C. 1133 et seq.) and section 3.
SEC. 5. ADMINISTRATIVE PROVISIONS.
(a) In General.--
(1) Subject to valid rights in existence on the date of the
enactment of this Act, land designated as wilderness under
section 3 or section 4 shall be administered by the Secretary
in accordance with--
(A) the Wilderness Act (16 U.S.C. 1131 et seq.); and
(B) this Act.
(2) The Secretary may continue to authorize the competitive
running event permitted since 1992 in the vicinity of the
boundaries of the Sheep Mountain Special Management Area
designated by section 4(a), the Sheep Mountain Wilderness Area
designated by section 4(f), and the Liberty Bell addition to
the Mt. Sneffels Wilderness designated by section 3(a)(2) in a
manner compatible with the preservation of such areas as
wilderness.
(b) Effective Date of the Wilderness Act.--With respect to land
designated as wilderness under section 3 or section 4, any reference in
the Wilderness Act (16 U.S.C. 1131 et seq.) to the effective date of
the Wilderness Act shall be deemed to be a reference to the date of the
enactment of this Act or the date of the Secretary designating the land
as wilderness.
(c) Fish and Wildlife.--Nothing in this Act shall affect the
jurisdiction or responsibility of the State with respect to wildlife
and fish.
(d) No Buffer Zones.--
(1) In general.--Nothing in this Act shall create a
protective perimeter or buffer zone around covered land.
(2) Activities outside wilderness.--The fact that a
nonwilderness activity or use can be seen or heard from within
covered land shall not preclude the conduct of the activity or
use outside the boundary of the covered land.
(e) Withdrawal.--Subject to valid rights in existence on the date of
the enactment of this Act, covered land is withdrawn from all forms
of--
(1) entry, appropriation, or disposal under public land laws;
(2) location, entry, and patent under mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(f) Acquisition of Land.--The Secretary may acquire non-Federal land
within the boundaries of the Special Management Area or the Wilderness
only through exchange, donation, or purchase from a willing seller.
(g) Acquired Land.--Any land or interest in land located inside the
boundaries of covered land that is acquired by the United States after
the date of the enactment of this Act shall become part of the relevant
wilderness or special management area and shall be managed in
accordance with this Act and other applicable law.
(h) State Land.--The Secretary is authorized to acquire by donation
or exchange from the State of Colorado the parcel identified as
``McKenna Peak Adjacent Parcel'' on the map titled ``McKenna Peak
Wilderness'' and dated April 15, 2010.
(i) State Trust Land.--Any portion of the State Trust land parcel
identified as ``Proposed McKenna Peak Wilderness Addition'' on the map
titled ``McKenna Peak Wilderness'' and dated April 15, 2010, that is
acquired by the United States after the date of the enactment of this
Act shall become part of the McKenna Peak Wilderness and shall be
managed in accordance with this Act and other applicable laws.
(j) Grazing.--Within the covered lands in which grazing was
established before the date of the enactment of this Act, grazing shall
be allowed to continue, subject to such reasonable regulations,
policies, and practices as the Secretary determines to be necessary, in
accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1131(d)(4));
(2) with respect to wilderness areas administered by the
Secretary of Agriculture, the provisions of section 108 of
Public Law 96-560; and
(3) with respect to wilderness areas administered by the
Secretary of the Interior, the guidelines described in appendix
A of House Report 101-405 of the 101st Congress.
(k) Ames Hydroelectric Project.--The inclusion in the National
Wilderness Preservation System or designation under section 4 of this
Act as a Special Management Area as described in section 4 of this Act,
shall not be construed to interfere with the operation and maintenance
of the Ames Hydroelectric Project, as currently licensed by the Federal
Energy Regulatory Commission, or as relicensed within the project
boundaries set forth in the license on the date of the enactment of
this Act, including reasonable use of National Wilderness Preservation
System lands or Special Management Area for any necessary repair or
replacement of existing facilities, transport of water and aerial or
land access. All means of access to the project that are currently
permitted by the Secretary on the date of enactment of this Act shall
be maintained.
(l) Prevention of Wildfires.--The inclusion in the National
Wilderness Preservation System under section 3 or designation under
section 4 as a Special Management Area under this Act shall not be
construed to interfere with the authority of the Secretary to authorize
mechanical thinning of trees or underbrush to prevent or control the
spread of wildfires.
(m) Facilitation of Responsible Sport Hunting.--The use of wheeled,
muscle-powered carts for the removal of shot game is authorized in the
areas designated under sections 3 and 4 of this Act.
SEC. 6. WATER.
(a) Findings; Purpose; Definition.--
(1) Findings.--Congress finds that--
(A) the lands designated as wilderness or a Special
Management Area by this Act are located at the
headwaters of the streams and rivers on those lands
with few, if any, actual or proposed water resource
facilities located upstream from such lands and few, if
any, opportunities for diversion, storage, or other
uses of water occurring outside such lands that would
adversely affect the wilderness values of such lands;
(B) the lands designated as wilderness or Special
Management Area by this Act are not suitable for use
for development of new water resource facilities, or
for the expansion of existing facilities; and
(C) therefore, it is possible to provide for proper
management and protection of the wilderness value of
such lands in ways different from those used in other
legislation designating as wilderness lands not sharing
the attributes of the lands designated as wilderness or
a Special Management Area by this Act.
(2) Purpose.--The purpose of this section is to protect the
wilderness values of the lands designated as wilderness or
Special Management Area by this Act by means other than those
based on a Federal reserved water right.
(3) Definition.--As used in this section, the term ``water
resource facility'' means irrigation and pumping facilities,
reservoirs, water conservation works, aqueducts, canals,
ditches, pipelines, wells, hydropower projects, and
transmission and other ancillary facilities, and other water
diversion, storage, and carriage structures.
(b) Restrictions on Rights and Disclaimer of Effect.--
(1) Water rights claims.--Neither the Secretary of
Agriculture nor the Secretary of the Interior, nor any other
officer, employee, representative, or agent of the United
States, nor any other person, shall assert in any court or
agency, nor shall any court or agency consider, any claim to or
for water or water rights in the State of Colorado, which is
based on any construction of any portion of this Act, or the
designation of any lands as wilderness or Special Management
Area by this Act, as constituting an express or implied
reservation of water or water rights.
(2) No affect on water rights.--Nothing in this Act shall be
construed as a creation, recognition, disclaimer,
relinquishment, or reduction of any water rights of the United
States in the State of Colorado existing before the date of
enactment of this Act.
(3) No interpretation or designation.--Except as provided in
subsection (g), nothing in this Act shall be construed as
constituting an interpretation of any other Act or any
designation made by or pursuant thereto.
(4) No precedent.--Nothing in this section shall be construed
as establishing a precedent with regard to any future
wilderness designations.
(c) New or Expanded Projects.--Notwithstanding any other provision of
law, on and after the date of enactment of this Act neither the
President nor any other officer, employee, or agent of the United
States shall fund, assist, authorize, or issue a license or permit for
the development of any new water resource facility within the areas
described in sections 3 and 4 or the enlargement of any water resource
facility within the areas described in sections 3 and 4.
(d) Access and Operation.--
(1) Access to water resource facilities.--Subject to the
provisions of this subsection, the Secretary shall allow
reasonable access to water resource facilities in existence on
the date of enactment of this Act within the areas described in
sections 3 and 4, including motorized access where necessary
and customarily employed on routes existing as of the date of
enactment of this Act.
(2) Access routes.--Existing access routes within such areas
customarily employed as of the date of enactment of this Act
may be used, maintained, repaired, and replaced to the extent
necessary to maintain their present function, design, and
serviceable operation, so long as such activities have no
increased adverse impacts on the resources and values of the
areas described in sections 3 and 4 than existed as of the date
of enactment of this Act.
(3) Use of water resource facilities.--Subject to the
provisions of subsections (c) and (d), the Secretary shall
allow water resource facilities existing on the date of
enactment of this Act within areas described in sections 3 and
4 to be used, operated, maintained, repaired, and replaced to
the extent necessary for the continued exercise, in accordance
with Colorado State law, of vested water rights adjudicated for
use in connection with such facilities by a court of competent
jurisdiction prior to the date of enactment of this Act. The
impact of an existing facility on the water resources and
values of the area shall not be increased as a result of
changes in the adjudicated type of use of such facility as of
the date of enactment of this Act.
(4) Repair and maintenance.--Water resource facilities, and
access routes serving such facilities, existing within the
areas described in sections 3 and 4 on the date of enactment of
this Act shall be maintained and repaired when and to the
extent necessary to prevent increased adverse impacts on the
resources and values of the areas described in sections 3 and
4.
(e) Existing Projects.--Except as provided in subsections (c) and
(d), the provisions of this Act related to the areas described in
sections 3 and 4, and the inclusion in the National Wilderness
Preservation System of the areas described in section 3 and 4, shall
not be construed to affect or limit the use, operation, maintenance,
repair, modification, or replacement of water resources facilities in
existence on the date of enactment of this Act within the boundaries of
the areas described in sections 3 and 4.
(f) Monitoring and Implementation.--The Secretaries of Agriculture
and the Interior shall monitor the operation of and access to water
resource facilities within the areas described in sections 3 and 4 and
take all steps necessary to implement the provisions of this section.
(g) Interstate Compacts.--Nothing in this Act, and nothing in any
previous Act designating any lands as wilderness, shall be construed as
limiting, altering, modifying, or amending any of the interstate
compacts or equitable apportionment decrees that apportion water among
and between the State of Colorado and other States. Except as expressly
provided in this section, nothing in this Act shall affect or limit the
development or use by existing and future holders of vested water
rights of Colorado's full apportionment of such waters.
SEC. 7. NATURITA CANYON MANAGEMENT PROVISIONS.
(a) Withdrawal.--Subject to valid rights in existence on the date of
the enactment of this Act, land described in subsection (b) is
withdrawn from all forms of--
(1) entry, appropriation, or disposal under public land laws;
(2) location, entry, and patent under mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(b) Land Described.--The land to be protected under subsection (a) is
the approximately 6,596 acres depicted on the map titled ``Naturita
Canyon Mineral Withdrawal Area'' and dated January 26, 2010.
PURPOSE OF THE BILL
The purpose of H.R. 3914 is to designate certain lands in
San Miguel, Ouray, and San Juan Counties, Colorado, as
wilderness, and for other purposes.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 3914 would designate 33,383 acres of Forest Service
and Bureau of Land Management land as wilderness and 21,697
acres as a special management area, in western Colorado. The
legislation includes public land in portions of the San Juan,
Grand Mesa, Uncompahgre and Gunnison National Forests, and the
San Juan Resource Area of the Bureau of Land Management. Most
of the additions to the National Wilderness Preservation System
included in the bill expand existing wilderness areas.
The San Juan Mountain range is home to many rare,
threatened or endangered species, including Black Bear, Canada
lynx, mountain lion, bald eagle and Gunnison sage grouse. Areas
protected by the proposed wilderness designation would add
critical, lower-elevation habitat to the existing wilderness
areas and increase habitat connectivity for these and other
species. Furthermore, areas included in the legislation are
within the watershed for cities including Telluride, Ouray, and
Silverton, Colorado. Supporters of the legislation point out
that wilderness designation will protect water quality and
quantity by insuring that these watersheds remain intact and
undisturbed.
The proposed designations made by H.R. 3914 have
significant support in Colorado, including the support of local
elected officials in San Miguel, Ouray, and San Juan counties,
which are the counties where the lands in question lie.
COMMITTEE ACTION
H.R. 3914 was introduced on October 22, 2009 by
Representative John Salazar (D-CO). The bill was referred to
the Committee on Natural Resources, and within the Committee to
the Subcommittee on National Parks, Forests and Public Lands.
On January 21, the Subcommittee held a hearing on the bill at
which the Administration testified in support of the
legislation.
On June 16, 2010, the Subcommittee was discharged from
further consideration of H.R. 3914 and the full Natural
Resources Committee met to consider the bill. Subcommittee
Chairman Raul Grijalva (D-AZ) offered an amendment in the
nature of a substitute to make technical changes requested by
the Administration and to clarify how the Bureau of Land
Management may acquire lands near the McKenna Peak Wilderness.
Subcommittee Ranking Member Bishop (R-UT) offered an amendment
to the amendment in the nature of a substitute restating
authority contained in Section 4 of the Wilderness Act,
allowing for mechanical treatments to be used to stop the
spread of wildfires. The amendment was agreed to by voice vote.
Representative Bishop (R-UT) then offered a second
amendment to the amendment in the nature of a substitute, which
allows for the use of wheeled, muscle-powered carts in the
areas addressed by the bill for the removal of shot game. The
amendment was agreed to by voice vote. The amendment in the
nature of a substitute, as amended, was then agreed to by voice
vote. The bill, as amended, was ordered favorably reported to
the House of Representatives by voice vote.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 provides that this Act may be cited as the ``San
Juan Mountains Wilderness Act of 2010.''
Section 2. Definitions
Section 2 defines the term ``covered land'' as those lands
designated as wilderness or as a special management area, by
this Act. It also defines ``nonconforming use'' to mean
commercial, helicopter-assisted skiing or snowboarding
activities within the lands designated as a special management
area.
Section 3. Additions to the Wilderness Preservation System
Section 3 identifies approximately 33,383 acres of public
land to be added to the National Wilderness Preservation
System. The boundaries for the wilderness areas identified in
this section are set back 500 feet from private property with
residential structures. For all mountain biking trails, the
Forest Service Region 2 trail setback of 50 feet applies, and
for all ditches, the Forest Service Region 2 setback of either
the edge of the right-of-way or 50 feet from the edge of the
canal applies.
Section 4. Sheep Mountain Special Management Area
Section 4 designates approximately 21,697 acres of public
land as the ``Sheep Mountain Special Management Area.'' The
same setbacks used to identify the wilderness boundaries apply
to the boundary of the Special Management Area.
Section 4(c) provides for the management of the Special
Management Area. Specifically, the lands shall be managed so as
to maintain the area's presently existing wilderness character
and potential for inclusion in the National Wilderness
Preservation System. Permanent roads are prohibited, and except
to meet the needs of protecting public health and safety, the
use of motorized vehicles and the establishment of temporary
roads are prohibited. This subsection also provides that the
Secretary may allow activities, including helisking, that have
been authorized as of the date of enactment of this Act to
continue within the Special Management Area.
Section 4(d) states that the lands designated as the ``The
Sheep Mountain Special Management Area'' shall be designated as
wilderness on the date on which the Secretary publishes in the
Federal Register notice that the nonconforming use has
terminated.
Section 5. Administrative Provisions
Section 5(a) gives the Secretary the authority to continue
permitting a specific competitive running event through the
Special Management Area and several of the areas designated as
wilderness by this Act.
Section 5(b) sets the effective date of the Wilderness Act
with relation to the areas designated as wilderness by this Act
as the date of the enactment of this Act.
Section 5(c) provides that nothing in this Act affects the
responsibility of the State of Colorado with respect to
wildlife and fish.
Section 5(d) clarifies that nothing in this Act creates
buffer zones around the covered land.
Section 5(e) withdraws covered land from all forms of
mineral entry, subject to valid existing rights.
Section 5(f) allows the Secretary to acquire non-federal
land within the boundaries of the covered land only through
exchange, donation, or purchase from a willing seller.
Section 5(g) provides that any land acquired within the
boundaries of the covered land after the date of enactment of
this Act shall be managed as either part of the relevant
wilderness or Special Management Area.
Section 5(h) grants the Secretary the authority to acquire
by donation or exchange from the State of Colorado the parcel
identified as ``McKenna Peak Adjacent Parcel.''
Section 5(i) provides that any portion of the State Trust
land parcel identified as ``Proposed McKenna Peak Wilderness
Addition'' that is acquired by the United States after the date
of the enactment of this Act shall become part of the McKenna
Peak Wilderness.
Section 5(j) authorizes grazing to continue in accordance
with the Wilderness Act. For those parcels managed by the
Forest Service, the provisions of section 108 of Public Law 96-
560 also apply, and with respect to BLM wilderness identified
in this Act, the guidelines described in appendix A of House
Report 101-405 of the 101st Congress also apply.
Section 5(k) specifically addresses the Ames Hydroelectric
Project. This subsection provides that nothing in this Act
shall interfere with the operation and maintenance of the
project, as currently licensed by the Federal Energy Regulatory
Commission, or as relicensed within the project boundaries.
Section 5(m) specifies that the use of ``human-powered,''
wheeled, game carts will be allowed within the areas designated
as wilderness in the bill. The Committee reaffirms that hunting
is a valuable component of wilderness. The Bishop amendment,
which inserted this subsection, is limited in scope to the
wilderness designated in H.R. 3914. Carts must be human-
powered, for removal of shot game only, and should only be
permitted during hunting season. The Secretary retains
authority pursuant to the Wilderness Act to restrict the use of
such carts if they present a threat to the wilderness quality
of the area. It is not the intent of the Committee that game
carts be introduced into existing or future wilderness areas.
Section 6. Water
Section 6 describes how water and water rights should be
managed in the areas designated by this Act. The language is
similar to that used in the Colorado Wilderness Act of 1993
(P.L. 103-77). It states that the lands designated by this Act
are located at the headwaters of streams and rivers with few,
if any, actual or proposed water resource facilities located
upstream. It also provides that nothing in this Act shall be
construed as a creation or reduction of any water rights of the
United States in the State of Colorado existing before the date
of enactment of this Act.
Section 7. Naturita Canyon Management Provisions
Section 7 withdraws approximately 6,596 acres of Forest
Service lands from mineral development, subject to valid rights
in existence on the date of the enactment of this Act.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 and Article IV, section 3 of the
Constitution of the United States grant Congress the authority
to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to designate certain lands in San
Miguel, Ouray, and San Juan Counties, Colorado, as wilderness,
and for other purposes.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
H.R. 3914--San Juan Mountains Wilderness Act of 2010
H.R. 3914 would designate about 33,000 acres of land in
Colorado as wilderness areas and as components of the National
Wilderness Preservation System. The bill also would designate
about 22,000 acres of land as a Special Management Area.
Finally, under H.R. 3914, those areas, including the Naturita
Canyon Area (approximately 6,600 acres), would be unavailable
for the development of natural resources.
Based on information provided by the Forest Service and the
Bureau of Land Management, CBO estimates that implementing H.R.
3914 would have no significant effect on the federal budget.
Enacting H.R. 3914 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures would not apply.
Because the affected acreage is already protected for
conservation or wilderness values, CBO estimates that the costs
of implementing the bill would have no significant effect on
the cost of administering the area. Additionally, because the
affected land currently produces no income (and is not expected
to do so in the future), we estimate that enacting the bill
would not affect revenues or direct spending.
Section 6 would prohibit the development of new water
resource facilities or the enlargement of any existing facility
within the areas. Reasonable access to existing facilities for
operation, maintenance, or replacement would not be affected.
Additionally, water rights already in existence before the date
of enactment of the bill would not be affected. CBO estimates
that implementing this provision would have no budgetary
impact.
H.R. 3914 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contacts for this estimate are Alan Eder and
Deborah Reis. The estimate was approved by Sam Papenfuss, Unit
Chief for Income Security and Education Cost Estimates Unit,
Budget Analysis Division.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
EARMARK STATEMENT
H.R. 3914 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.